Technology of electronic people monitoring in Brazil

analysis of (in)effectiveness of fundamental guarantees

Abstract

The research has as object the problem involving the effectiveness of fundamental guarantees, constitutionally provided, to individuals electronically monitored. As an initial hypothesis, it can be seen that many fundamental guarantees, although constitutionally provided, are not properly made effective to electronically monitored individuals, generating, this way, losses for both, the inmates subject to the measure and their family members and society in general. It is important to note that, in Brazil, electronic monitoring technology it was only implemented in the 2010 year, with the advent of Federal Law nº12.258/2010 that, in its turn, amended the Penal Code and the Criminal Enforcement Law, including the possibility of electronic monitoring to Brazilian legislation, in cases of house arrest and temporary exit in the semi-open regime, being, then, a positive alternative to criminal extrication and social reinsertion. The objective is to contribute to discussions related to the topic, bringing visibility to the measure and the difficulties faced by it, enabling then, to collaborate with more active perspectives of fundamental guarantees effectiveness to monitored individuals. In view of this, with a hypothetical-deductive methodological approach, with bibliographic and legislative analysis, it is aimed, initially, perform a description of the measurement of electronic monitoring from its origin to the beginning of its use in Brazil to realize, later, brief review of the institute's situation in relation to the effectiveness of fundamental guarantees provided to individuals linked to monitoring in the country. The results obtained with the research confirmed the initial hypothesis given that electronic monitoring remains impaired by the lack of implementation of public policies aimed at the effectiveness of fundamental guarantees to the inmates.